Law in respect of house pledge in kerala
Smithin Reynold
(Querist) 11 May 2015
This query is : Resolved
Dear Sir,
In kerala, a person took a house for residential purpose on pledge basis (not rental basis) for a consideration of Rs.200000 and the agreement period is 11 months. There is a valid written agreement between them and completed all the legal formalities. Now the tenant wants to suit against the house owner, who is default to pay back the consideration after the agreement period is over. Let me know about the acts applicable in kerala regarding the same??? Is Indian contract act 1872 alone applicable??
Devajyoti Barman
(Expert) 12 May 2015
the agreement needs to be seen first. pledge does not apply to house though mortgage may apply.
Rajendra K Goyal
(Expert) 12 May 2015
Consult local lawyer and show him the agreement.
T. Kalaiselvan, Advocate
(Expert) 12 May 2015
I think the author is referring to the lease agreement as pledging by mistake. In any case on termination of the agreement, the agreed amount held in deposit has to be returned to the depositor or else he can be drawn to court with recovery suit.